Constitutional Court: "Foreigners also have the right to be registered at birth in Korea"

The Constitutional Court has ruled unanimously (9 justices) that foreign children born in the Republic of Korea also have the right to be registered at birth immediately.
Under current law, only citizens can file birth reports, which created a problem where children of undocumented foreign parents could not be registered in the country.
The Court viewed the right to birth registration as an independent fundamental right and ruled that discrimination based on nationality or residency status is not permitted.
Accordingly, the Court confirmed that the National Assembly's failure to enact legislation to establish a birth registration system for foreign children constitutes an unconstitutional omission of legislative duty.
The Court emphasized that birth registration is a minimum safeguard to ensure a child's identity verification and the guarantee of basic rights such as medical care, childcare, and education.
In particular, it stated that institutional safeguards must be established to ensure that the birth registration process does not lead to crackdowns or immigration issues due to undocumented status.
However, regarding the claim concerning compulsory education for foreigners, the Court unanimously dismissed the case, stating that the Framework Act on Education and its enforcement decree cannot be seen as directly restricting the education of foreigners.
https://www.newsis.com/view/NISX20260827_0003765913